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Influencer's Terms & Conditions

These Influencer Hub Influencer Terms and Conditions (the “Terms and Conditions”) are entered into as of the Effective Date specified in the Scope of Work (as defined below) entered into by and between the influencer specified on the applicable Scope of Work (the “Influencer”) and Influencer Hub, LLC, a Tampa limited liability company with its principal place of business at 5908 Breckenridge Parkway, Tampa, Florida (the “Company”). Influencer and the Company may be referred to hereinafter individually as a “Party” or collectively as the “Parties.” All Influencers are partners but not employees of Influencer Hub LLC.

1. Scope(s) of Work.

Company wishes to engage Influencer to perform certain services set forth in one or more Scope(s) of Work and Influencer desires to perform the services set forth in such Scope(s) of Work (the “Services”), subject to the terms and conditions of the applicable Scope of Work and these Terms and Conditions (collectively, the “Agreement”). The Company and Influencer shall enter into one or more written scope(s) of work (each, a “Scope of Work” or “SOW”) detailing (a) the specific Services to be provided by Influencer, including the scope of each applicable media campaign (each a “Campaign”), including the applicable Brand and Social Media Channels, or other media channels, that will be subject to the Campaign, the duration of the Campaign, and the reach of the Campaign, (b) any Content (as defined below) to be created by Influencer and provided to the Company in connection with the performance of the applicable Services and Campaign, (c) a schedule and dates for performance by the Influencer of the applicable Services and Campaign, and (d) such other terms as may be mutually agreed to by the Parties. Each Scope of Work shall only be deemed effective upon execution by an authorized representative of each Party, and, if required by the Company, the applicable Brand that is sponsoring the applicable Campaign (the “Brand”). In the event of a conflict between a Scope of Work and these Terms and Conditions, this Scope of Work shall control, but only with regard to the Services described in the applicable Scope of Work. As used herein, “Social Media Channels” include but are not limited to: Facebook, Instagram, Twitter, TikTok, YouTube, Snapchat, and personal blogs.

Brands provide guidance/suggestions on what, when and how to promote. Influencers choose which brands to collaborate with based on their choice and suitability. The first year contract is free of cost for influencers. That means Influencer Hub LLC will not charge any upfront fee to influencers to use their portal. This might change in the years to follow. All personal information given out to Influencer Hub LLC by influencers is confidential and not used in any other way by Influencer Hub LLC. Influencer Hub will charge a flat 25% fee on all earnings made through our portal. Influencers will make sure they make a post within 10 days of receiving the product/collaborating with the brand. Influencer Hub LLC will not be responsible for any claim made by any brand about a product.

2. Development and Approval of Content.

a. Participation in Campaigns. The Influencer Hub Platform allows Brands to create Influencer Marketing Campaigns and Content Only Campaigns via Campaign Builder, which are then shared with Influencers via the Application. Influencers using the Application can respond to a Campaign by creating a Post or Paid Content and submitting it to the relevant Brand for approval.

The relevant Brand is solely responsible for reviewing and approving all Paid Content and Posts that form part of their Campaign and for the payment of the applicable Post Fee or Paid Content Fee to Influencers, nor is Influencer Hub liable in any way for the content of any Paid Content or Post. These Terms of Use shall apply to all transactions conducted through the Influencer Hub Platform.

Content is provided by the relevant Influencer or Brand, as applicable, and is not moderated, approved or endorsed by Influencer Hub. Accordingly, no Content constitutes a representation by Influencer Hub, nor does Influencer Hub accept any liability for the legality, validity, accuracy or suitability of any content provided by Influencers or Brands. If you have a question or concern about Content, including your rights to reproduce it, you must make your own inquiries to Influencer Hub directly, or if advised by Influencer Hub, by contacting the relevant Influencer or Brand directly. You agree that Influencer Hub is not responsible for, and does not endorse, any Content posted using the Influencer Hub Platform. Influencer Hub does not have any obligation to pre-moderate, monitor, edit or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.

Influencers and Brands agree that they will not attempt to negotiate terms or payment with each other outside of the Influencer Hub Platform. Without limiting any other rights or remedies available to Influencer Hub, any attempt to circumvent the Influencer Hub Platform may result in removal from the Influencer Hub Platform at Influencer Hub’s sole discretion. You may not remove any watermarks or copyright notices contained in any Content on the Influencer Hub Platform.

You must not:

  • decompile, reverse engineer, disassemble, convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert any element of the Influencer Hub Platform to a human perceivable form;
  • distribute or republish any element of the Influencer Hub Platform in any way;
  • resell, rent, lease, licence or lend any element of the Influencer Hub Platform;
  • defeat, disable or circumvent any security feature of the Influencer Hub Platform;
  • transfer any element of the Influencer Hub Platform to any third party;
  • transfer any element of the Influencer Hub Platform to any third party;
  • use any data mining, robots or similar data gather or extraction methods;
  • register, subscribe or unsubscribe, or attempt to subscribe or unsubscribe, any party to any product or service if you are not expressly authorised by such party to do so; or
  • sell, licence, lease or in any way seek to commercialise any component of the Influencer Hub Platform without specific written authorisation from Influencer Hub.

The Influencer Hub Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Influencer Hub Platform with the consent of a parent or legal guardian. To use the Influencer Hub Platform, you must be eligible to use the social media platforms (under the relevant platforms prevailing terms and conditions) upon which you intend to publish Posts.

You are solely responsible for your interactions with other users of the Influencer Hub Platform. You agree that Influencer Hub is not responsible for the conduct of any user.

You must not engage in crawling, scraping, caching or otherwise accessing any content on the Influencer Hub Platform via automated means, except with Influencer Hub’s written consent.

Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between Influencer Hub and any user.

Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Influencer Hub Platform in the manner anticipated in these Terms of Use. Any costs associated with accessing and using the Influencer Hub Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Influencer Hub Platform and meets all relevant technical specifications necessary to obtain the benefit of the Influencer Hub Platform.

The Influencer Hub Platform may contain links to other sites not maintained by Influencer Hub (“Linked Sites”). Influencer Hub is not responsible for the content of any Linked Sites, whether or not Influencer Hub is affiliated with the Linked Sites. Influencer Hub makes no claim or representation regarding, and accepts no responsibility, directly or indirectly, for the quality, nature or reliability of Linked Sites. Such Linked Sites are not under the control of Influencer Hub and Influencer Hub provides links to the Linked Sites only as a convenience to users of the Influencer Hub Platform. The inclusion of a link to any Linked Site does not imply any affiliation with or endorsement by Influencer Hub. You should review and applicable terms and policies (including privacy policies) of any Linked Site you visit.

The Influencer Hub Platform may also utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Influencer Hub Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You also acknowledge and consent to the Influencer Hub Platform accessing information you may have shared with the particular social media platform and contacting you via the social media platform or via the information you have shared (for example, sending an email directly to you to the email address provided to the social media platform), in accordance with the permissions you have granted via the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Influencer Hub Platform. The Influencer Hub Platform is in no way sponsored, endorsed or administered by, or associated with, any social media platform.

b. Ongoing Revisions. In addition, following approval of any Content by the Brand, and posting of such Content by Influencer, the Brand shall have the right to (i) require Influencer to revise any Content to the extent that the information included in a post with regard to the Brand is no longer accurate, and (ii) require Influencer to remove any indicia of the Brand from the Content. In the event of any such requirement by the Brand, upon request from the Company, Influencer shall revise the applicable Content which shall be subject to the approval process.

c. Influencer Delays. Time is of the essence with regard to Influencer’s performance under this Agreement. In the event that Influencer fails to provide the Content for review and approval in accordance with the timing requirements set forth herein or in the applicable SOW or otherwise mutually agreed to by the parties in connection with an applicable SOW, or otherwise fails to perform the Services in accordance with the timelines set forth in the applicable SOW, in addition to any other rights and remedies that the Company or the Brand may have hereunder, the compensation owed to Influencer in connection with the applicable Services and Campaign shall be reduced for each day or instance of delay, as applicable under the circumstances, by ten percent (10%) of the total compensation owed to Influencer in connection with the applicable Services and/or Campaign.

3. Objectionable Content.

Influencer acknowledges and agrees that he/she will not (a) make any unsubstantiated claims about any third party or its products or services in any Content related to any Campaign; or (b) develop or post any Content that is in any way illegal, obscene or harmful to the reputation, goodwill or interest of the Company or the Brand or their respective products, services, associates, employees or affiliates or that is otherwise reasonably objectionable to the Company or the Brand.

4. Exclusivity.

Influencer acknowledges and agrees not to include as part of any Content, or otherwise post to any Social Media Channel, or any other media channel set forth in an applicable SOW, in connection or combination with the Content, any reference to any other brand or trademark other than those authorized by the Company on behalf of the Brand and shall not post to any Social Media Channel, or any other media channel set forth in an applicable SOW, any information, promotion, endorsement or content related to the brands specified in the applicable SOW for the period of time set forth in the applicable SOW. In addition, Influencer agrees to only tag Brand’s pages on Social Media Channels and/or Brand’s social media handles in Influencer’s post(s) that include the Content.

5. Influencer Representations and Warranties.

Influencer represents, warrants and covenants that (a) Influencer shall provide all Services under each applicable SOW with commercially reasonably skill and care in a competent and professional manner and at a level of quality not less than that prevailing in the industry, (b) Influencer has the proper skills, training and background to enable Influencer to perform such Services under the SOW in a competent and professional manner and to exercise the diligence ordinarily exercised by members of Influencer’s industry, (c) Influencer shall comply with all applicable laws and regulations in connection with the performance of the Services and each applicable Campaign, including, without limitation, laws and regulations concerning advertising and promotional campaigns, including, without limitation, the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, (d) Influencer shall comply with all terms of use, privacy policies, and other terms, rules or policies that are applicable to any Social Media Channel, (e) subject to the license grants pursuant to Section 8 and Section 9, Influencer has all consents, permissions or licenses necessary for Influencer to create the Content as contemplated hereunder; (f) the Content does not violate any copyright, trademark, or other intellectual property or proprietary right of any other party, (g) Influencer is at least 25 years of age and upon request by the Company at any time during the Term, will provide proper evidence of his or her age in the form of a valid driver’s license, passport or other acceptable government-issued identification as determined by the Company in its sole discretion, and (h) Influencer shall not engage in any fraudulent activity or other activity that would falsely or artificially increase or affect the number of Influencer’s followers, “likes” or other indicators of Influencer’s audience or reach on any applicable Social Media Channel, including, without limitation, with regard to a particular Campaign.

6. Compensation.

Subject to completion of the Services and applicable Campaign(s) set forth in the applicable SOW, and delivery to the Company of the photographic or other written confirmation reasonably required by the Company to evidence that the Services or Campaign(s) have been completed as required pursuant to the applicable SOW, and provided that Influencer is not in breach of the terms and conditions set forth herein, the Company shall pay Influencer the compensation set forth in the applicable SOW. Each such payment shall be made in accordance with the following terms: (a) if payment is via PayPal, on the first Friday following the 30 day period from the date Influencer fulfills all of its obligations pursuant to the applicable SOW (Net30); provided, however, that for all international (non U.S.) Campaigns, payment will be paid to Influencer within sixty (60) to ninety (90) days of the date Influencer completes all applicable obligations, and (b) if payment is via ACH, within thirty (30) days following the Company’s receipt from Influencer of a valid invoice, following Influencer’s fulfillment of all of their obligations pursuant to the applicable SOW. Any and all standard transfer fees payable to a financial institution in connection with payments made to Influencer shall be the responsibility of the Company. The Company shall submit payments to Influencer using the payment account information provided by Influencer on the applicable Scope of Work and Influencer shall be solely responsible for maintaining and/or updating his or her payment account information (including but not limited to financial institution and account number information) (“Influencer Payment Information”) by contacting the Company. Any failure by Influencer to provide accurate Influencer Payment Information, or to timely submit an invoice, or update any changes to Influencer Payment Information may result in delays in payment of thirty (30) days or more. In addition, if the Company makes a payment to an incorrect account due to Influencer’s failure to provide accurate Influencer Payment Information, and the Company is unable to recover the amount of such incorrect payment, the Company shall be deemed to have made such payment in full to Influencer, and the Company shall have no further obligation to Influencer with regard to such payment. Further, if Influencer fails to provide photographic or other written evidence of Influencer’s successful completion of the Services and/or Campaign(s), the Company shall have the right to (a) require Influencer to post a makegood that has been approved the applicable Brand, and/or (b) withhold the compensation otherwise payable to Influencer in connection with the applicable Services and/or Campaign(s). Further, any failure by Influencer to claim or request payment on or before 180 days from the date Influencer fulfills all of its obligations as set forth in the applicable SOW, whether as a result of Influencer’s failure to maintain and/or update his or her Influencer Payment Information or any other reason, shall result in Influencer forfeiting any and all right, title and interest to any payment due under the applicable SOW with regard to the applicable Campaign.

7. Term: Termination.

a. Term. This Agreement shall be effective as of the Effective Date set forth in the first SOW entered into between the Parties and shall continue in full force and effect through the end date of the last Campaign set forth in any outstanding SOW entered into hereunder, unless this Agreement is otherwise terminated as set forth herein (the “Term”). Notwithstanding the foregoing, the Term of this Agreement shall be concurrent with the insertion order or other written agreement between Company and Brand (the “Brand Agreement”) to which each applicable Campaign pertains.

b. Termination. In addition to any termination rights otherwise set forth herein, the Company shall have the right to terminate this Agreement, including any and all outstanding SOW’s, (i) immediately upon written notice to Influencer if the applicable Brand Agreement is terminated for any reason, (ii) at any time upon five (5) business days prior notice to Influencer, and (iii) upon notice to Influencer if Influencer materially breaches any of its obligations hereunder and fails to cure any such breach within twenty-four (24) hours. A material breach by Influencer shall include any breach of Section 3 or Section 5. In the event that the Company reasonably suspects that Influencer is in breach of Subsection 5(h), the Company shall notify Influencer, and, unless Influencer is able to provide reasonable evidence to the Company that Influencer has not fraudulently or falsely increased or affected the applicable number(s) within twenty-four (24) hours of receipt of such notice, the Company shall have the right to terminate this Agreement and/or the applicable SOW, immediately upon notice to Influencer, without any compensation or liability to Influencer, and subject to Influencer’s indemnification obligations set forth in Section 11(a)(3). (iv) immediately upon written notice to Influencer if Influencer, its representatives and/or agents, act in any way that causes it or them to undergo material adverse publicity or scandal, or fall into disrepute, including, without limitation if Influencer personally commits any act that results in a conviction of a felony, or any misdemeanor of moral turpitude (by way of example only, a misdemeanor involving a controlled substance, fraud, embezzlement, assault, and battery) or the neglect of others or self-harm.

c. Additional Remedies of the Company. In the event Influencer materially breaches this Agreement, in addition to the termination rights hereunder, the Company shall be entitled to recover all costs (including attorney’s fees) in the enforcement of the Company’s rights hereunder and, if Influencer shall have been paid in advance pursuant to the terms of this Agreement, the Company shall be entitled to a refund of any monies advanced to Influencer under this Agreement. In addition, if Influencer fails to perform any of the Services and/or Campaign(s) as required pursuant to the applicable SOW, Influencer shall pay to the Company as liquidated damages an amount equal to thirty percent (30%) of the compensation payable to Influencer under the applicable SOW to which such Services and/or Campaign(s) relate.

d. Termination Fees. In the event that the Company terminates the Agreement or an applicable SOW pursuant to Section 7(b)(ii), the Company shall pay Influencer the following termination fees (i) if such termination occurs one month or more from the Services or Campaign start date set forth in the applicable SOW (the “Start Date”), an amount equal to any documented costs or expenses incurred by Influencer in connection with any work completed by Influencer prior to the date of termination, (ii) if such termination occurs less than one month prior to the Start Date, but at least two weeks prior to the Start Date, an amount equal to ten percent (10%) of the overall compensation payable by the Company to Influencer in connection with the terminated Services and/or Campaign(s), (iii) if such termination occurs less than two weeks prior to the Start Date, an amount equal to twenty percent (20%) of the overall compensation payable by the Company to Influencer in connection with the terminated Services and/or Campaign(s), and (iv) if such termination occurs after Influencer has posted approved Content, but prior to the completion of all Services and/or Campaign(s) under the applicable SOW, the amount of any compensation payable in connection with the applicable post, as well as any documented costs or expenses incurred by Influencer in connection with any work performed by Influencer prior to the date of termination in connection with the uncompleted Services and/or Campaign(s).

8. License to Use Brand Trademarks and Content.

The Company, on behalf of the Brand, hereby grants to Influencer, a non-exclusive, non-transferable, revocable, limited license to use and display Brand’s name, logo and trademarks, and any other content provided to Influencer by the Company or the applicable Brand in connection with an SOW, in the form and manner specifically described in the applicable SOW, or otherwise approved for use as part of the Content in accordance with Section 2 hereof (collectively, the “Brand Works”), solely as necessary to perform its obligations hereunder and only during the Term hereof, unless otherwise expressly authorized herein. For the avoidance of doubt, Influencer may only use the Brand Works in the form and format provided or approved by the Company or Brand, as applicable. Influencer acknowledges the Brand’s exclusive right, title and interest in and to the Brand Works and the goodwill pertaining thereto, that any use of the Brand Works by Influencer does not create any ownership, license or other right or interest in or to the Brand Works by Influencer except as specifically set forth in this Agreement, and that all use of the Brand Works by Influencer shall inure to the benefit of the Brand. Influencer agrees that it shall not, challenge, or assist in any challenge to, the validity or exclusivity of the Brand’s ownership of the applicable Brand Works.

9. Influencer Eligibility

Any person over the age of 16 years, or over the age of 13 years with the written consent of a parent or legal guardian, may register an Influencer Account, but in order to participate in any Campaigns and earn compensation via the Influencer Hub Platform, Influencer’s must meet the following minimum standards:

  • at least 500 followers on the Influencer’s Channels;
  • Influencer’s Channels must be public (viewable by anyone); and
  • Influencer’s Channels may not contain content that is contrary to these Terms of Use or to the terms of use of the relevant social media platform of the Influencer’s Channels.

If you do not meet the minimum standard above, you may not be able to participate in Campaigns or access the full functionality of the Application.

10. License to Work Product

a. During the Term of this Agreement, on behalf of the Brand, the Company hereby grants to Influencer a limited, revocable, non-exclusive, royalty-free, license to use the Work Product only as required for Influencer to perform the Services and implement the Campaign to which such Work Product relates. Upon any expiration or termination of this Agreement, the rights and licenses granted to Influencer hereunder will automatically terminate and Influencer shall immediately cease any and all use of the Work Product; provided, that the Brand hereby grants to Influencer a worldwide, non-exclusive, perpetual, irrevocable, royalty-free right and license to continue to use and display the applicable Work Product in the manner originally featured or used by Influencer during the permitted posting period specified in the applicable SOW, as well as for all internal uses of Influencer.

b. To the extent that any copyrighted materials of Influencer that were developed or created by Influencer prior to the Effective Date of the applicable SOW (collectively “Influencer Intellectual Property”), are incorporated into the Work Product, Influencer hereby grants to the Company, for the Company itself and to the Company for the Brand’s benefit, and each of the Company’s and the Brand’s respective agents, employees, licensees, vendors, and representatives a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, fully sub-licensable and transferable unrestricted right and license to use, reproduce, distribute, transmit, publicize, display, modify, adapt, translate, create derivative works from, and exploit, in whole or in part, edited or otherwise modified, alone or with other materials, in whatever form or medium, the Influencer Intellectual Property incorporated into the Work Product.

11. Third Party Licenses.

Influencer shall be solely responsible for obtaining, in a form acceptable to and approved in writing by the Company, any required licenses, permissions or approvals from third parties, contributors, and/or other affected rights holders with regard to third party content incorporated into the Content by Influencer, as necessary for the Company and/or the Brand to make full and unrestricted use of the Content as set forth herein, including by way of example and without limitation, requiring all individuals appearing in the Content, to sign an authorization, consent and release form and granting to the Company and the Brand all license and publicity rights necessary for the Company or the Brand to make use of the name, likeness, image, biography, statements, avatar, and/or social media name and handle and other indicia of such individual contained in the Content. Influencer will provide the Company with copies of such consents upon its written request.

12. Indemnification; Limitation of Liability.

a. Indemnification. Influencer agrees to indemnify, defend and hold harmless the Company and the Brand, and their respective parents, subsidiaries and affiliates, and each of their officers, directors, agents and employees, from and against any and all claims, demands, liabilities, fees, costs or expenses (including reasonable attorneys’ fees) arising out of or related to, in whole or in part, (i) the Content (excluding any Brand Works incorporated therein if used as permitted hereunder) and/or any act or omission of Influencer or its employees, agents, trustees, partners, officers or directors, (ii) the content or operation of Influencer’s digital properties or any Influencer webpages or digital properties on Social Media Channels (e.g. YouTube channels or social media posts) on which Content appears, and (iii) Influencer’s performance of, or failure to perform, its obligations under this Agreement; including, without limitation, any claims, actions or proceedings for libel, slander, invasion of privacy, infringement of trademark, copyright, license, or other intellectual property rights, unfair or improper trade practices or other wrongful business conduct, including, without limitation, claims relating to Influencer’s fraudulent activity or other activity that would falsely or artificially increase or affect the number of Influencer’s followers, “likes” or other indicators of Influencer’s audience or reach, or claims for bodily injury, death or property damage, or loss or employment claims.

b. Limitation of Liability. The Company shall not be liable for Influencer’s misconduct. Content created by Influencer(s) in connection with any Campaign is the sole responsibility of Influencer, and the accuracy of such Content is not endorsed or guaranteed by the Company. The Company and its affiliates, successors, assigns, employees, agents, directors, and officers assume no responsibility or liability which may arise from the Content, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

IN ADDITION, INFLUENCER ACKNOWLEDGES AND AGREES THAT THE COMPANY SHALL NOT BE LIABLE TO INFLUENCER, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, AND/OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, UNDER THIS AGREEMENT OR IN ANY WAY RELATED TO THIS AGREEMENT, FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST WAGES AND SAVINGS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF THE COMPANY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL PAYMENT BY THE COMPANY TO INFLUENCER FOR THE APPLICABLE CAMPAIGN OR SERVICES TO WHICH SUCH CLAIM RELATES.

13. Confidentiality.

Influencer hereby acknowledges that the Company’s privacy, and that of the Brand, is highly valued and that all efforts are made to maintain confidentiality with respect to Confidential Information (as defined below). Influencer shall hold in confidence using commercially reasonable measures, and not directly or indirectly divulge to any third party, any Confidential Information. For purposes of this Agreement, “Confidential Information” means any financial information, the identity of the Brand and/or any Brand lists or Brand contact information, or any brand strategy, marketing plans, technical data, intellectual property, content or know how relating to ideas, discoveries, inventions, concepts, software, equipment, designs, drawings, specifications, techniques, processes, models, data, documentation, diagrams, research, development, business plans or opportunities, business strategies, future projects or products, projects or products under consideration, procedures, and information related to finances, influencers, costs, prices, contractors and employees that are provided to Influencer by the Company in connection with the applicable Campaign or Services or otherwise with regard to the relationship contemplated hereunder. All of the foregoing information is proprietary, and disclosure of such information to third parties or unauthorized use of such information would cause substantial and irreparable harm and injury to the Company’s and/or the Brand’s ongoing business for which there would be no adequate remedy at law. Accordingly, in the event of any breach or attempted or threatened breach of any of the terms of this Section, the Company shall be entitled to receive injunctive and other equitable relief without need of posting a bond, and without limiting the applicability of any other remedies.

14. Non-circumvention.

Influencer agrees that during the Term of this Agreement and for ninety (90) days from the expiration or termination of this Agreement it will not, either directly or indirectly, contact the Brand for the purpose of entering into, or attempting to enter into, any negotiations or contractual obligations with the Brand which could reasonably be construed to circumvent the efforts of Company under this Agreement, without the Company’s prior written consent.

15. Miscellaneous.

a. Severability. If any provision of this Agreement shall be found invalid, illegal, or unenforceable, in whole or in part, then such provision shall be modified or restricted so as to effectuate as nearly as possible in a valid and enforceable way the provisions hereof, or shall be deemed excised from this Agreement, as the case may require, and this Agreement shall be construed and enforced to the maximum extent permitted by law, as if such provision had been originally incorporated herein as so modified or restricted or as if such provision had not been originally incorporated herein, as the case may be.

b. Independent Contractor. In providing services to the Company, Influencer will act as an independent contractor, and it is expressly understood and agreed that this Agreement is not intended to create, and does not create, any partnership, agency, joint venture or similar relationship.

c. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements between the parties with respect to such matters.

d. Modification or Assignment. This Agreement may be modified or amended only with the written consent of both Parties. Influencer may not assign, transfer, or delegate any duty or obligation to perform such Services under the SOW or this Agreement. Any such attempted assignment shall be null and void.

e. Waiver. Neither the failure nor any delay on the part of either party to exercise any right, remedy, power, or privilege under this Agreement shall operate as a waiver thereof.

f. Notice. All notices required by this Agreement must be in writing and must be delivered by certified mail, return receipt requested.

g. Governing Law; Jurisdiction; Venue. The laws of the State of Florida applicable to contracts made or to be wholly performed there (without giving effect to choice of law or conflict of law principles) shall govern the validity, construction, performance, and effect of this Agreement. The Parties hereby consent to exclusive jurisdiction and venue in the state and federal courts in the City of Tampa, Florida for any dispute arising out of this Agreement.

16. Contact

If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to terminate the Contract), you can send this to us by email to info@influencerhub.us.

If we have to contact you or give you notice in writing, we will do so by e-mail or by sending a notification to your Influencer Account.

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How does the payment mechanism of Clout Cloud work?

For starters, you will not be charged any registration fee or membership fee - Yay! As for payment to influencers for marketing your product, there are three options for you.

  1. You can pay a flat fee of $4.49 to Influencer Hub for each influencer collaboration request that you accept.
  2. You can directly make an upfront payment of $0.01 per USA follower to the influencer. This is applicable only if the influencer has more than 10,000 followers.
  3. Alternatively, you can pay commission to the influencers you collaborate with, which you can decide at your discretion at the time of the campaign launch.
How to register as a brand?
  1. Click on the Influencer tab at the top right corner of the webpage.
  2. Next, Click on Create an account.
  3. Fill in your details, including your full name, email, password and phone number. Read and agree to our Terms of Service and Privacy Policy and click Submit.
  4. Signup Form
  5. 4 .After registering, you will now be able to view your Dashboard, which will summarize information about your campaigns, collaborations and earnings.
How will influencers get paid?

From the Menu on the left side of your Dashboard, click on the Collaborations tab and select All Collaborations from the dropdown. You will be able to see a list of all the collaborations that you are engaged in. For each collaboration, you will be able to view the product price and the influencer commission you are to receive. Once the collaboration request is approved and you have completed the brand’s required tasks, you will upload the URL of your Instagram post (within 1 week of making the actual post) by clicking the ‘Pending’ tab under Actions. After uploading, you will receive the payment from the brand and the status for that campaign will be displayed as complete. Influencers are not required to share their account details when they registe Only when an influencer will be ready to get paid will they be asked to share their account information.

What makes Clout Cloud different?

We offer a comprehensive approach to affiliate marketing, whereby your business freed from the hassle of creating digital marketing campaigns from scratch. From vetting the appropriate influencers to performance reporting after the completion of your campaign, we take care of the entire process for you.

We provide flexibility to both brands and influencers. Our pricing options are tailored to suit your business needs and preferences of paying a flat fee or choosing a commission based plan. We offer our services free of charge for the first year, so you can try it out first before deciding to stick around!

How to register your brand & launch your first campaign?
  1. Click on the Influencer tab at the top right corner of the webpage.
  2. Next, Click on Create an account.
  3. Fill in your details, including your full name, email, password and phone number. Read and agree to our Terms of Service and Privacy Policy and click Submit.
  4. After registering, you will now be able to view your Dashboard, which will summarize information about your campaigns, collaborations and earnings.
  5. Click on the Brands tab on the menu bar on the left side of the page, select Add New Brand from the dropdown. You will need to fill out the general information for your brand. Here, you will also have the chance to describe your brand to influencers.
  6. Add Brand Form
  7. 6. Once you have added your brand(s), they will display in the ‘All Brands’ section under the dropdown for ‘Brands’. To create a campaign, select ‘Add New Campaign’ under the relevant brand.
  8. 7. Fill the three-stage form to describe your campaign to influencers and to specify the kid of influencers and audience you are looking to target
  9. Campaign Form
  10. Campaign Form
  11. Campaign Form
How to collaborate with brands and land your 1st campaign?

We provide flexibility to both brands and influencers. Our pricing options are tailored to suit your business needs and preferences of paying a flat fee or choosing a commission based plan. We offer our services free of charge for the first year, so you can try it out first before deciding to stick around!

Tips on how to choose the right influencers for your campaigns?

Before deciding which influencer will be the right fit for your brand, it is highly recommended that you browse the profiles, including the influencer´s experience, style of posts, creativity and followers before making a final choice. Try to make sure that the style of posting of a particular influencer aligns well with the kind of image your brand intends to portray to the audience. Browse through an Instagram influencer’s previous posts to get an idea of the kind of posts their followers are accustomed to.

Another point to note is that influencers who have a smaller ratio of sponsored posts to total posts are generally seen as more credible and trustworthy among their audience. Those influencers that engage their followers with something like a personal story are far more likely to actually make a follower buy the product than an influencer who just does a generic product review.

Micro-influencers are an excellent option for targeting a following base that is highly engaged with the influencers they follow. A study by Markerly revealed that influencers with fewer than 1,000 followers have a like rate of around 8%, while those with 1,000 followers to 10,000 followers have a like rate of about 4%.

If your brand wants to reach out to a larger audience, choose an influencer with a following of more than 10,000. An upfront payment of $0.01 per USA follower will have to be made to the influencer in this case once they accept the collaboration.

How to monitor my campaigns?

The homepage of your Dashboard (for both influencers and brands will display graphical representations of your post reach and reach per dollar.

For brands: In the menu on the left side of your Dashboard, select ‘Reports’ from the menu bar, and then click ‘Account Summary’ from the dropdown. You will find the summarized information for each campaign, including the reach. You can use the information in this section to monitor your campaigns. This includes details on the number of collaborations under each campaign, the amount paid, the amount due, the reach for each campaign, as well as the totals for all these items.

For Influencers: In the menu on the left side of your Dashboard, select ‘Reports’ from the menu bar, and then click ‘Referral Earnings’’ from the drop down. This section will display the commission earned and the earnings date, as well as total earnings.